221 The Finance (Wo. 2) [ 18 SEP. 1991 ] Bill, 1991 222 following amendment be made in the posits (Immunities and Exemptions) Bill, Finance (No. 2) Bill, 1991, as passed by 1991. The question is; the Lok Sabha, namely: — "That the Bill to provide for certain 'That at page 66 f or lines 14 to 21 the immunities to persons making voluntary following be substituted, namely: — deposits with the National Housing Bank and for certain exemptions from direct (i) where the total income does taxes in relation to such deposits and for not exceed Rs. 50,000—Nil.'" matters connected therewith or incidental thereto, as passed by the Lok Sabha, be 34. ''That the Rajya Sabha recom- taken into consideration." mendations to the Lok Sabha that the The motion was adopted. following amendment be made in the Finance (No. 2) BilI, 1991 as passed by the THE VICE-CHAIRMAN (SHRI Lok Sabha, namely: — BHASKAR ANNAJI MASODKAR): We shall now take up clause-by-clause 'That at page 73 for lines 29 to 36 the consideration of the Bill. following be substituted, namely: — Clauses 2 to 5 were added to the Bill. 'Where the total income does not Clause 1, the Enacting Formula, the exceed Rs. 50,000 Nil' "— Preamble and the Title were added The questions were put and the motions to the Bill. were negatived. SHRI RAMESHWAR THAKUR: I move: THE VICE-CHAIRMAN (SHRl "That the Bill be returned.'' BHASKAR ANNA JI MASODKAR): The question is: The question was put and the motion was adopted. "That the First Schedule stand part of the Bill." THE VICE-CHAIRMAN (SHRl The motion was adopted. BHASKAR ANNAJI MASODKAR): There is one announcement. Looking to the agenda The First Schedule was added to the Bill. before us, there will be a dinner time. Dinner will be available to all those who want it at 8 The Second Schedule, The Third P.M. in room No. 70. Schedule, The Fourth Schedule Second announcement is, regarding and The Fifth Schedule were abduction of five diamond merchants raised added to the Bill. in this House, Hon. Minister will make a Clause 1, the Enacting Formula and the Title statement after we finish with other subjects. were added to the Bill. SHRI MANMOHAN SINGH: 1 move: THE JAMMU AND KASHMIR APP- ROPRIATION (NO 3) BELL, 1991 "That the Bill be returned." THE MINISTER OF STATE IN THE The question was put and the motion MINISTRY OF FINANCE (SHRI was adopted. SHANTARAM POTDUKHE): Sir, I teg to THE VICE-CHAIRMAN (SHRI move: BHASKAR ANNAJI MASODKAR): Now, "That the Bill to authorise payment and we take up The Voluntary De- appropriation of certain 223 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 224 Bill. 1991 sums from and out of the Consolidated Fund of the State of Jammu and Kashmir for the services of the financial year 1991- 92, as passed by the Lok Sabha, be taken into consideration.'' Sir, The Jammu and Kashmir Ap- propriation (No. 3) Bill, 1991, authorises payment and appropriation of certain sums from and out of the Consolidated Fund of the State of Jammu and Kashmir for the services of the financial year 1991-92, as passed by the Lok Sabha. This includes a sum of Rs. 2216.53 crores voted by Lok Sabha on 14th September 1991 and Rs. 492.98 crores charged from the Consolidated Fund of the State of Jammu and Kashmir. These amounts inclusive of the amounts authorised for withdrawal under the Jamm and Kashmir Appropriation (Vote on Ac- count) Act, 1991 have been sought to enable the Government of Jammu and Kashmir to meet the expenditure during the current financial year. Sir, 1 move the Bill for consideration of the House. The' question was proposed. 225 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3 ) 226 Bill, 1991 227 The Jammu & Kashmir { RAJYA SABHA ] Appropriation (No. 3) 228 Bill, 1991 229 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 230 Bill, 1991 231 The Jammu & Kashmir [18 SEP. 1991] Appropriation ( No. 3) 232 Bill, 1991 233 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 234 Bill, 1991 235 The. Jammu & Kashmir [RAJYA SABHA] Appropriation (No. 3) 236 Bill, 1991 237 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 238 Bill, 1991 239 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 240 Bill, 1991 241 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 8) 242 Bill, 1991 243 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 244 Bill, 1991 245 The Jammu & Kashmir [ 18 SIS'. 1991 ] Appropriation (No. 3) 246 Bill, 1991 247 The Jammu & Kashmir [ RAJYA" SABHA ] Appropriation (No. 3) 248 Bill, 1991 249 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 250 Bill, 1"991 251 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 252 Bin, 1991 To every action there is an equal reaction in the opposite direction. 253 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 254 Bill, 1991 255 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3). 256 Bill, 1991 257 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 258 Bill, 1991 259 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 260 Bill, 1991 261 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 262 Bill, 1991 No such Proclamation shall, in any case, remain in force for more than three years. "in no case" 263 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 264 Bill, 1991 265 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 266 Bill, 1991 267 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 268 BilI, 1991 269 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 270 Bill, 1991 SHRI V. NARAYANASAMY: She is trying to divide the State. I do not agree with her argument. It is not good for her party. It is going to damage the country's interest. THE VICE- CHAIRMAN (SHRI SHANKAR DAYAL SINGH): Nara- yanasamyji, there is the next speaker. You please keep quiet. t[ ] Transliteration in Arable Script]. 271 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 272 Bill, 1991 273 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 274 Bill, 1991 "There are lies, there are damn lies and there are statistics." 275 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 276 Bill, 1991 277 The Jammu & Kashmir [ 18 SEP. 1991 ] Appropriation (No. 3) 278 Bill. 1991 SHRI VISHVJIT P. SINGH: The Constitutional position, Mr. Vice- Chairman, is that according to the Constitution at that time, these tem porary provisions were made with the intention of allowing the populace of the princely States to decide what kind of a constitutional set-up they wanted. This was a contract of the Indian States. And the people of the States. And the pepole of the Princely States elected their Consti tuent Assemblies or Assemblies which then decided on the form of the Constitution. And Set me tell this hon. House, Mr. Vice-Chairman, that the various Princely States sat themselves up as Constituent Assem blies and adopted. {Time bell rings). I am just finishing, Sir. In the State of Jammu and Kashmir, there was a very delicate situation which was there because of the problem with the Maharajah. The popula. 8.00 P.M. or- was totally with the Go vernment of India. The pop ulationdecided,the Assembly decided, on a separate Constitu. tion for the State of Jammu and KashiriT. merging it with India and to section 370. If you Rem on 370, the constitutional position is that the amalgamation of the J&K State with the Union of India lapses from that moment. And that is what my friends on the Opposition understand. SHRI JAGESH DESAI: They know it. SHRI VISHVJIT P. SINGH: They know it. Even these people know it. But they do not want it and they want it. That is the difference. I may quote, Sir... THE VICE-CHAIRMAN (SHRI SHANKAR DAYAL SINGH): But a also conclude now. SHRI VISHVUIT P. SINGH: I am going to conclude. I am quoting Shri Gopalswamy Aiyangar. This is the Constituent Assembly debate dated 17th October, 1949: 279 The Jammu & Kashmir [ RAJYA SABHA ] Appropriation (No. 3) 280 Bill, 1991 [Shri Vishvjit P. Singh] I am not a contractor. ... (Interruptions) ... "The effect of this article is that the Jammu and Kashmir State which is now a part of India will continue to be a part of India, will be a unit of the future Federal Reublic 'of India, and the Union Legislature will get jurisdiction to enact laws on matters specified...", etc. etc. "And steps have to be taken for the purpose of convening of the State Assembly. When it will come to a decision on the different matters, it will make a recommendation to the President who will either abrogate the article or direct that it shall apply with such modifications and exceptions as the State Assembly may recommend. That, Sir, briefly is the description of this article." Sir, the State Assembly directed that this the article be retained in the Constitution of India. This it now no longer a provision which is a temporary provision, because it is only from this that we get the union of the State of Jammu and Kashmir with the Union of India. SHRI JAGMOHAN" (Nominated): Thank you very much, Sir, for giving me this opportunity. There are a very large number of aspects of the Kashmir problem which need to be gone into. In the first instance, I would confine myself to the Budget and the implications of it. A mere glance at it will make it very clear At that time it was a temporary that the State of Jammu and Kashmir is provision.